Shri. Sharad Ganpat Pawar v. The Govt. Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2830 OF 2015 Shri Sharad Ganpat Pawar ...

Petitioner V/s.

The Govt. of Maharashtra & others ...

Respondents Mr. S.S. Pakale i/b. Mr. A.R. Belge for the petitioner. Mr. P.P. Kakade, AGP for respondents 1 to 3.

Mr. V.S. Deokar for respondents 4 and 5.

CORAM :

NARESH H. PATIL AND A.A. SAYED, JJ.

2nd February, 2016.

P.C.

The petitioner's contention is that his father died on 26th September, 2007 while in service as a teacher discharging his duties with respondent school. The petitioner at that time was a minor. It was submitted by the Counsel appearing for the petitioner that the mother of the petitioner had applied earlier for appointment on compassionate ground which was turned down. After petitioner became major, he too applied for appointment on compassionate ground. The issue reached upto the higher authorities. In a communication made by Education Officer

2/2 wp2830.15.sxw (Seconday) Zilla Parishad, Solapur dated 6th January, 2015 (Exhibit J to the petition) the management was informed that the mother of the petitioner had recommended case of the petitioner for appointment on compassionate ground. Learned Counsel appearing for petitioner on instructions of petitioner who is present in Court submits that petitioner had himself filed an application independently requesting for an appointment on compassionate ground.

2.

Without expressing any opinion on the request made by the petitioner or any application filed by the petitioner with the management, we direct the management to take appropriate decision, in case the petitioner had filed application for appointment on compassionate ground strictly in accordance with the policy adopted by the State as reflected in the Government Resolutions issued in this behalf. The decisions shall be taken within four weeks from today and be communicated to the petitioner in writing.

3.

The decision be taken without being influenced by the directions issued by the Education Officer, (Seconday) Zilla Parishad, Solapur. With aforesaid directions, Writ Petition is disposed of. (A.A. SAYED, J.) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.